Farmers Market Update Lisa Staley Chief, Center for Facility and Process Review Office of Food Protection Public Health and Prevention Administration Maryland Department of Health & Mental Hygiene 410-767-8400

Questions to Ask: Farm Food Who What When Where How

Who Producer of raw product Retailer Manufacturer (on-farm home processing license, MDA certification, producer mobile farmer’s market unit) Processor Cottage Food Industry

What Raw agricultural product Processed Food (stored, manufactured, packaged for wholesale distribution) USDA processed meat and poultry MDA certified rabbit, poultry, eggs Aged farmstead cheese Processing plant on farm Sample of farm product High acid Fruit Jams/Jellies Non-Potentially Hazardous Baked Goods

When Annual license Seasonal Processing 3-month license ($35) DHMH Processing ($400) On-farm Home Processing ($30) Producer Mobile Farmer’s Market ($100) LHD Food Service Facility (fixed location, mobile units, Seasonal Farmer’s Market Producer Sampling) (fees vary) Seasonal Processing 3-month license ($35) Processing food that is grown on the property Temporary FSF 14 consecutive days from LHD (fees vary) On-farm FSF 30 consecutive days with up to 2 renewals from LHD (fees vary)

Where Where are the animals raised? Where is the milk produced? Where are they processing (packaging, baking, canning) the food? Where are they storing the food? Where are they selling the food?

How: Processing DHMH Licensed Processing Plant On-farm Home Processing Plant Storage of USDA slaughtered and processed meat and poultry that came from the farm’s animals and brought back to farm Storage of “farmstead cheese” made from farm’s raw milk, aged at least 60 days (in PA) and brought back to farm Manufacture of certain non-PHFs in farm’s home or domestic kitchen (e.g. baked goods, packaged mixes, acidified foods like beets, high acid jams/jellies for wholesale) Producer Mobile Farmer’s Market Unit: transport and sale of certain foods DHMH On-farm Processing Plant PH-foods MDA certified rabbit & poultry (do not need additional license for eggs) Food from a DHMH licensed farm operation (including FP and DMC)

How: Plan Review of On-Farm Processing Plants Plan review information to be submitted to Department for evaluation Description of food process Narrative re: GMPs, SOPs Sample record keeping forms Sample labels Documentation/verification (BPCS, FCE, Zoning, LHD) On site plan review inspection of home kitchen or storage area Application and fee for license after review is completed

How: On-Farm Home Processing Limit processed food production to an amount of food that can safely be produced in the domestic kitchen as evidenced by sanitation and process and cross-contamination control and $40,000 of sales Process commercially only during times when the kitchen is not being used for domestic purposes Exclude pets and other animals and individuals not involved in the manufacturing from the kitchen Store ingredients for commercial manufacturing and finished manufactured food in a separate area from foods used domestically the kitchen

How: On-Farm Home Processing On-farm processed foods can be sold intrastate and interstate Internet sales Wholesale to retailers, e.g. institution, grocery store, bed and breakfast, restaurant Farmer’s market (directly from farm or at organized market)

How: Producer Mobile Farmer’s Market Unit DHMH license to transport to and sell at a farmer’s market and public festival or event: Potentially hazardous on-farm home processing plant products, e.g. USDA processed meats and poultry brought back to the farm for storage, or farmstead cheese Farm products inspected, licensed, or certified by MDA, e.g. rabbits and poultry PH-Food from a DHMH licensed farm operation (including FP and DMC)

How: Producer Mobile Farmer’s Market Unit License fee $100 License for period of 1 year and valid in all jurisdictions of the State Submit plans to DHMH Existing On-farm meat/poultry storage operations may already have had unit inspected (DHMH or LHD), limited review MDA certified rabbit/poultry, limited review Counties enforce and levy fines

How: Mobile and Temporary FSFs Covers sale of potentially hazardous foods not covered under PMFMU Plan review and license by LHD Fees vary

How: Seasonal Farmers Market Producer Sampling FSF Counties MAY create a seasonal farmer’s market producer sampling license Effective Oct. 1, 2010, regs have been amended Producer of farm product can prepare and offer samples at farmer’s markets and public festivals or events Valid at all farmer’s markets in County for a year from date of issuance for a single fee Set up modeled after Temporary FSF County sets fee and enforces regulation Available in about 1/3 of counties

How: Cottage Food Industry Produce High Acid Fruit Jams and Jellies Non-potentially Hazardous Baked Goods Candy Honey

How: Cottage Food Industry Produce foods from private home kitchen Storage of Raw ingredients Annual Income <$25,000 Labeling Requirements LHD will: inspect for compliance, levy fines, conduct enforcement

How: Farmer’s Market 10.15.03: Farmer's market means a place where a person offers or sells one or more of the following food products to the public: Raw agricultural products such as fruits, vegetables, and grains supplied directly from a farm Naturally acid fruit jams/jellies and non-potentially hazardous baked goods (can be made in a private home kitchen) Eggs sold in accordance with MDA regulations Products that are not potentially hazardous and do not require refrigeration that are processed in a food processing plant licensed and operated according to COMAR 10.15.04.18 (on-farm home processed non-PHFs)

How: Farmer’s Market Maryland Farm If it fits the 10.15.03 definition of Farmer’s Market, then NO FOOD LICENSE REQUIRED If it is the retail sale of a prepackaged, non-PHF then NO FOOD LICENSE REQUIRED If it is the sale of foods other than specified in the Farmer’s Market definition, then you must obtain a food license (FSF-temporary or mobile, PMFMU)

Wrap Up/FAQs USDA plant meat/poultry Storage on the farm DHMH On-farm processing license USDA plant meat/poultry Direct transport for sale at market LHD FSF license

Wrap Up/FAQs Meat/poultry storage only Farm kitchen processing No water/septic required for DHMH license LHD verifies for the farm (phone call, email, letter) that there are no issues with the proposed storage area (e.g. if they are installing a new out building on the farm for the storage freezer then it is not being built on top of a drain field or well head Farm kitchen processing check water/septic Zoning verification from local jurisdiction

Wrap Up/FAQs PMFMU license must be posted conspicuously Duplicate copy may be available from L & P Foods will be identified on the license E.g. lamb, goat, beef, cheese

Wrap Up/FAQs SOP to be developed for monitoring and verification on cooler stored frozen foods in PMFMU in lieu of recording thermometer/data logger/similar device Revise regs to take out 8 hr training

Questions?